Dubuque Fire Equipment Grants of Easement for Storm Sewer and Electrical Utilities Copyright 2014
City of Dubuque Consent Items # 9.
ITEM TITLE: Roosevelt Street Extension Storm Sewer and Electrical
Utility Easements Project Acceptance
SUMMARY: City Manager recommending acceptance of Storm Sewer
and Electrical Utility Easements from Dubuque Fire
Equipment, Inc. for an existing storm sewer and electrical
utility across property at 1170 Roosevelt Street Extension.
RESOLUTION Accepting a Grant of Easement for storm
sewer and electrical utility through, over and across Lot 4,
Plat of Block 1, Riverfront Subdivision No. 5, in the City of
Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Acceptance of Storm Sewer and Electrical Utility City Manager Memo
Easements-MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Grant of Easement Supporting Documentation
Location Map Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of Storm Sewer and Electrical Utility Easements for
Dubuque Fire Equipment Inc. Property at 1170 Roosevelt Street
Extension in Dubuque
DATE: May 27, 2016
City Engineer Gus Psihoyos recommends City Council acceptance of Storm Sewer and
Electrical Utility Easements from Dubuque Fire Equipment Inc. for an existing storm
sewer and electrical utility across property at 1170 Roosevelt Street Extension.
The property owners, Dubuque Fire Equipment Inc., are planning to construct an
addition to the existing building and expand an existing driveway at 1170 Roosevelt
Street Extension. The property owner and the City of Dubuque wish to set forth terms
for the construction, maintenance, and replacement of proposed site improvements over
the existing storm sewer and electrical utility on the property. The terms in the Grants of
Easement would prevent the property owner from building structures over the
easements without the City's consent. Should the City have to remove any pavement or
improvements during the repair or replacement of the storm sewer and electrical utility,
the terms make the property owner responsible for all pavement and improvement
replacement costs. The City of Dubuque will continue to own and maintain the storm
sewer utility.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
THE CtB
OF Dubuque
DuE AII•Nnefica City
Masterpiece ars the Mississippi 11 111.
2012
TO: Michael C. Van Milligen, City Manage
FROM: Gus Psihoyos, City Engineer
SUBJECT: Acceptance of Storm Sewer and Electrical Utility Easements from Dubuque Fire
Equipment Inc.
Property at 1170 Roosevelt Street Extension in Dubuque
DATE: May 17, 2016
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a Storm Sewer and Electrical Utility
Easements from Dubuque Fire Equipment Inc. for an existing storm sewer and electrical utility across
Lot 4, Plat of Block 1, Riverfront Subdivision No. 5, in the City of Dubuque.
DISCUSSION
The property owners are planning to construct an addition to the existing building and expand an
existing driveway at their site on Roosevelt Street Extension. The owners, Dubuque Fire Equipment
Inc., and the City of Dubuque wish to set forth terms for the construction, maintenance, and
replacement of the proposed site improvements over the existing storm sewer and electrical utility on
the property. The terms in the Grants of Easement would prevent the property owner from building
structures over the easements without the City's consent. Should the City have to remove any
pavement or improvements during the repair or replacement of the storm sewer and electrical utility, the
terms make the property owner responsible for all pavement and improvement replacement costs. The
City of Dubuque will continue to own and maintain the storm sewer utility.
RECOMMENDATION
I recommend accepting the Grants of Easement for storm sewer and electrical utility through, over and
across Lot 4, Plat of Block 1, Riverfront Subdivision No. 5, in the City of Dubuque, as shown on Exhibits
on the attached Grants of Easement.
ACTION TO BE TAKEN
respectfully request accepting the Grants of Easement for storm sewer and electrical utility from
Dubuque Fire Equipment Inc. by adoption of the enclosed resolutions.
Prepared by Nate Kieffer, PLS
cc: Denise Ihrig, Civil Engineer
NAE LOCATION MAP DAGIS
ELB000E AREA G aGKAPIIC INFER-1—=v„EH
Masterpiece on the Mississippi
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EXISTING STORM
. ,. & ELECTRICAL
UTILITY
EASEMENTS
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2460 2460 2460
Dubuque County Assessor, CitiL
DISCLAIMER:This Information was compiled
(sing the Dubuque Area Geographic Inf—dtl on System
DAGIS),wb IT"I'des data seated by hem me city of Map Prepared by:
Dubuque and Dubuque County. It Is understood mat,while
th city If D,b,q,eaid pa-ticipatl„g age—estilzed he City of Dubuque
most—r',tandamuratetf,,,,ti,,available,DAGISand 1 inch = 100 feet Engineering Division
Its suppliers do not warrant the a c..cy o,-Tency of the
ifa�mati—o,data so[abed he— The city a'd paitlslpati,g 50 West 13th Street
age-es shall got be held cable foi-ar,y dl�est,hdhect,Irsldeltal, Dubuque,Iowa 52001
masmgseatial,psaltroe,oi-special damages,whether fo�esmeable or
-f—seeable,a�Ishg offs of me s th,�,ed o, ...tholIIsed ase of 100 50 0 100 Feet Phone:(563)589-4270
this data oi-the Inability to usre this data or out of any breach of
wa—ty whatsoever S Fax:(563)589-4205
YI
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Doc ID 008451610009 Type. GEN
Kind: EASEMENT
Recorded: 06/08/2016 at 01:16:05 PM
Fee Amt: $47.00 Paqe 1 of 9
Dubuque County Iowa
John Murphy Recorder
F11e2016-00006964
Prepared by: Dan Dreessens P.E., Delta 3 Engineering Inc, 875 South Chestnut St, Platteville, WI 53818 (608) 348-5355
Return to: Nate Kieffer, PLS, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
GRANT OF EASEMENT FOR ELECTRICAL UTILITY EASEMENT
For and in consideration of the sum of One Dollar ($1.00) and other good and
valuable consideration, the receipt whereof is hereby acknowledged,
Dubuque Fire Equipment Inc.
1170 Roosevelt Street Extension
Dubuque, IA 52001
of Dubuque County, State of Iowa, for themselves, their successors, heirs and
assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, a
municipal corporation, its agents and contractors, in perpetuity, from the date
hereof, a right-of-way and easement through, under and across the following
described real estate situated in Dubuque, Iowa, to wit:
Lot 4, Plat of Block 1, Riverfront Subdivision No. 5, in the City of Dubuque,
Iowa.
Said easement shall be over the same four (4') foot wide electrical utility
easement area shown on Lot 4 of the Plat of Block 1 of the Riverfront
Subdivision, File Number 3189-74 in the Office of the Dubuque County Recorder,
attached hereto and labelled "Attachment A", for the purpose of accessing,
constructing, re -constructing, and maintaining a storm sewer in accordance with
the Plans and Specifications on file in the office of the City Engineer.
Following any maintenance or repair of said electrical utility, the City of Dubuque
shall restore any disturbed turf area to its original condition.
Subsequent property owners, their successors, heirs or assigns shall not erect
any structure over or within the easement area without obtaining the prior written
consent of the City Engineer.
Subsequent property owners, their successors, heirs and assigns bear the
financial and other responsibility for replacement or repair of curbs, pavements,
structures or any other improvements made by subsequent property owners
over, on or within the easement area arising from the maintenance or repair of
the electrical utility.
Subsequent property owners, their successors, heirs and assigns shall not
change the grade, elevation, or contour or perform any construction or
excavation that will diminish the lateral support of said electrical utility without
obtaining the prior written consent of the City Engineer.
To have and to hold unto the said City of Dubuque, Iowa, forever, and the
undersigned do hereby expressly covenant that they are the owners in fee of
said real estate and have good right to execute this agreement, and that the
grantee, its agents or contractors, shall at all times have free access to and
egress from and over said real estate to maintain, remodel or repair said
electrical utility thereon or therein. Said easement shall be binding on all
subsequent property owners, their successors, heirs and assigns.
Dated at , Iowa this 2i /7 day of , 2016.
NOTARY PUBLIC
STATE OF IOWA,
KATIE WOLF
i uG Commission Number 781518
.... My Commission Expires
November 25, 2016
COUNTY OF Dubuque, SS:
On this 7 day of , A.D., 2016 before me, the undersigned,
a Notary Public in and for said Cnty, in said State, personally appeared Maggie
Blaser to me known to be the identical person(s) named in and who executed the
within and foregoing instrument, to which this is attached, and acknowledged that
they executed the same as their voluntary act and deed.
'1 otdryi u' Sic In and Ford State
ATTACHEMENT A
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 201-16
ACCEPTING A GRANTS OF EASEMENT FOR STORM SEWER AND ELECTRICAL
UTILITY THROUGH, OVER AND ACROSS LOT 4, PLAT OF BLOCK 1,
RIVERFRONT SUBDIVISION NO. 5, IN THE CITY OF DUBUQUE, IOWA
Whereas, Dubuque Fire Equipment Inc. and the City of Dubuque wish to set forth
terms for the construction, maintenance, and replacement of site improvements over an
existing storm sewer and electrical utility located in Lot 4, Plat of Block 1, Riverfront
Subdivision No. 5, in the City of Dubuque, Dubuque County, Iowa; and
Whereas, Dubuque Fire Equipment Inc. have executed Easements for Storm Sewer
and Electrical Utility in through, over and across Lot 4, Plat of Block 1, Riverfront
Subdivision No. 5, in the City of Dubuque, Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of,
accepts and consents to the Grants of Easement for Storm Sewer and Electrical Utility
through, over and across Lot 4, Plat of Block 1, Riverfront Subdivision No. 5, in the City
of Dubuque, Dubuque County, Iowa from Dubuque Fire Equipment Inc., copies of which
are attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Passed, approved and adopted this 6th day of June, 2016.
Attest:
Kevin S.'Firnstahr, CIC ;'City Clerk
Ric W. Jon , Mayor Pro -Tem
STATE OF IOWA
CERTIFICATE of the CITY CLERK
) SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk
of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in
my possession or have access to the records of the proceedings of the City Council. I
do further state that the hereto attached Resolution No. 201-16 is a true and correct
copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 7th day of June, 2016.
Kevin S. Firnstahl, fid, City Clerk
Y
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Doc ID 008451620010 Type GEN
Kind: EASEMENT
Recorded: 06/08/2016 at 01:16:26 PM
Fee Amt: $52.00 Page 1 of 10
Dubuque County Iowa
John Murphy Recorder
F11e2016-00006965
Prepared by: Dan Dreessens P.E., Delta 3 Engineering Inc, 875 South Chestnut St, Platteville, WI 53818 (608) 348-5355
Return to: Nate Kieffer, PLS, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
GRANT OF EASEMENT FOR STORM SEWER EASEMENT
For and in consideration of the sum of One Dollar ($1.00) and other good and
valuable consideration, the receipt whereof is hereby acknowledged,
Dubuque Fire Equipment Inc.
1170 Roosevelt Street Extension
Dubuque, IA 52001
of Dubuque County, State of Iowa, for themselves, their successors, heirs and
assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, a
municipal corporation, its agents and contractors, in perpetuity, from the date
hereof, a right-of-way and easement through, under and across the following
described real estate situated in Dubuque, Iowa, to wit:
Lot 4, Plat of Block 1, Riverfront Subdivision No. 5, in the City of Dubuque,
Iowa.
Said easement shall be over the same twenty foot wide 84 -inch storm sewer
easement area shown on Lot 4 of the Plat of Block 1 of the Riverfront
Subdivision, File Number 2087-74 in the Office of the Dubuque County Recorder,
attached hereto and labelled "Attachment A", for the purpose of accessing,
constructing, re -constructing, and maintaining a storm sewer in accordance with
the Plans and Specifications on file in the office of the City Engineer.
Following any maintenance or repair of said storm sewer, the City of Dubuque
shall restore any disturbed turf area to its original condition.
Subsequent property owners, their successors, heirs or assigns shall not erect
any structure over or within the easement area without obtaining the prior written
consent of the City Engineer.
Subsequent property owners, their successors, heirs and assigns bear the
financial and other responsibility for replacement or repair of curbs, pavements,
structures or any other improvements made by subsequent property owners
over, on or within the easement area arising from the maintenance or repair of
the storm sewer.
Subsequent property owners, their successors, heirs and assigns shall not
change the grade, elevation, or contour or perform any construction or
excavation that will diminish the lateral support of said storm sewer without
obtaining the prior written consent of the City Engineer.
To have and to hold unto the said City of Dubuque, Iowa, forever, and the
undersigned do hereby expressly covenant that they are the owners in fee of
said real estate and have good right to execute this agreement, and that the
grantee, its agents or contractors, shall at all times have free access to and
egress from and over said real estate to maintain, remodel or repair said storm
sewer thereon or therein. Said easement shall be binding on all subsequent
property owners, their successors, heirs and assigns.
Dated at r , , Iowa this / 7 day of
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF Dubuque, SS:
KATIE WOLF
Commission Number 781518
My Commission Expires
November 25, 2016
On this 17 day of CAA, , A.D., 2016 before me, the undersigned,
a Notary Public in and for said C& nty, in said State, personally appeared ;;Maggie
Biased() me known to be the identical person(s) named in and who executea the
within and foregoing instrument, to which this is attached, and acknowledged that
they executed the same as their voluntary act and deed.
0)
Notary! PubTc In and Fd,aid State
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Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 201-16
ACCEPTING A GRANTS OF EASEMENT FOR STORM SEWER AND ELECTRICAL
UTILITY THROUGH, OVER AND ACROSS LOT 4, PLAT OF BLOCK 1,
RIVERFRONT SUBDIVISION NO. 5, IN THE CITY OF DUBUQUE, IOWA
Whereas, Dubuque Fire Equipment Inc. and the City of Dubuque wish to set forth
terms for the construction, maintenance, and replacement of site improvements over an
existing storm sewer and electrical utility located in Lot 4, Plat of Block 1, Riverfront
Subdivision No. 5, in the City of Dubuque, Dubuque County, Iowa; and
Whereas, Dubuque Fire Equipment Inc. have executed Easements for Storm Sewer
and Electrical Utility in through, over and across Lot 4, Plat of Block 1, Riverfront
Subdivision No. 5, in the City of Dubuque, Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of,
accepts and consents to the Grants of Easement for Storm Sewer and Electrical Utility
through, over and across Lot 4, Plat of Block 1, Riverfront Subdivision No. 5, in the City
of Dubuque, Dubuque County, Iowa from Dubuque Fire Equipment Inc., copies of which
are attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Passed, approved and adopted this 6th day of June, 2016.
Attest:
Kevin S.'Firnstahr,-CMC;7City Clerk
Ric W. Jones, Mayor Pro -Tem
STATE OF IOWA
CERTIFICATE of t(e CITY CLERK
) SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk
of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in
my possession or have access to the records of the proceedings of the City Council. I
do further state that the hereto attached Resolution No. 201-16 is a true and correct
copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 7th day of June, 2016.
Jam'
KeviA-S. Firnstahl,—CIVICI, City Clerk